Licensing FAQ
Q: When do I need to obtain a music licence?
A: If you play music in your business, or want to use music in the promotion of a product, you need clearance from the owners of that music to do so. Kamp-Prisk-Mcsk represents the rights of many owners of music and you should be able to get you the clearances you need. Kamp-Prisk-Mcsk provides access to Kenyan, African and the world's music in an efficient manner.
Q: Does it matter whose music I use, or how it is used?
A:Kamp-Prisk-Mcsk represents over 15 million songs, so if you are using music it is likely to be music in copyright and falls within Kamp-Prisk-Mcsk’s repertoire. If in doubt, please check with us.
Irrespective of whether you play music via Radio or TV, a CD/DVD, a satellite delivered service or arrange live music performances, you will need a music licence.
Q:What is the cost of a licence from Kamp-Prisk-Mcsk?
A:Kamp-Prisk-Mcsk’s Licence fees are reasonably priced. The cost is determined by the scope and nature of your use of music. Please visit any of our websites at www.kamp.or.ke, www.prisk.or.ke and www.mcsk.or.ke for the various price applications.
Q: What is a public performance?
A: There are different tariffs applicable to different uses of sound recordings and audio visual works. For example the cost of a License for Communication to the Public of Sound Recordings and Audio Visual Works in establishments varies depending on whether there is background or featured use of sound recordings and audio visual works, the area where sound recordings and audio visual works are rendered audible and the average attendance per week. In the transport sector the tariff is charged per seat. KAMP-PRISK license fees are charged on an annual basis and payable annually. Licenses can also be obtained for short-term events. Please contact our offices to establish your tariff.
Q: Do I need a Kamp-Prisk-Mcsk Licence if I use only TV or Radio, even for news, sports and talk channels?
A: Yes. The Kenya Copyright Act 2001, of the laws of Kenya imposes an obligation on those who wish to broadcast, communicate to the public or diffuse protected sound recordings, to pay a license fee to the relevant copyright holder(s). If you do not obtain a KAMP-PRISK license, you will be infringing these copyright holders’ rights when you broadcast or communicate to the public, any of their sound recordings and audio visual works.
Q: What if my Employees bring in their own equipment? Do I still need a licence?
A: A business broadcasting or involved in communication to the public of any sound recordings and/or audio visual works should take up an appropriate KAMP-PRISK license failure to which can cause KAMP-PRISK to take legal action to recover any damages suffered and/or stop the continued infringement.
Q: I wasn’t aware of the requirement for a licence.
A: Communication to the public is simply understood as playing of sound recordings and/or audio visual works in public (i.e. in a non-domestic environment). Further it also has an element of business value addition, where the playing of these recordings enhances the customer’s experience and as such increases the business revenue. Communication to the public occurs irrespective of whether the music is rendered audible at no charge (e.g. Radio/ TV) or whether there is an admission fee or not.
Q:A person/inspector claiming to be from Kamp-Prisk-Mcsk wants access to my premises; how do I know they are from Kamp-Prisk-Mcsk?
A: In Kenya, MCSK used to grant licenses to users for the broadcast and public performance of copyright in musical works in its repertoire, and distribute royalties to music publishers and songwriters / or composers. KAMP and PRISK on the other hand, deal purely with the recorded performance hereby known as sound recordings. KAMP grants licenses for the broadcast, diffusion and communication to the public of the sound recordings and/or audio visual works and distributes royalties to record companies and producers. On the other hand, PRISK grants licenses for the broadcast, diffusion and communication to the public of the performance in the sound recordings and/or audio visual works and distributes royalties to the performers (vocalists, featured / background musicians, instrumentalists, etc.) who took part in the specific recordings. KAMP and PRISK have joined efforts to issue a single license. This license is separate from MCSK’s.
Q: I have already paid for the CD/DVD or Download?
A: No. KAMP-PRISK only grant a license when the sound recordings and audio visual works are played through CDs, DVDs, MP3s, etc. or broadcast through Radio and TV. KAMP-PRISK do NOT grant licenses for live performances UNLESS there is use of the sound recordings by a DJ during the said performance and thereby communicated to the public. If this occurs, then a KAMP-PRISK license shall be required.
Q:I only play music from a foreign country, do I still need a licence from Kamp-Prisk-Mcsk?
A: Yes. You require a KAMP-PRISK license for sound recordings and/or audio visual works if you render such recordings audible in public by means of audio services on radio or television at your business premises. A broadcaster pays for the broadcast of the sound recordings and audio visual works while further communication to the public attracts a separate license. It is important to note that broadcasting and communication to the public are two distinctive rights that exist independently. You will also need a KAMP-PRISK license if you are using recordings as part of a telephone “on-hold” system.
Q:Kamp-Prisk-Mcsk already charges Radio and Television stations a licence to broadcast music, why is another fee payable?
A: Yes. As the new owner, you have to ensure that you are complying with all legislation applicable to your business, including the Copyright Act 2001. You should ensure that all the appropriate licenses are in place. The KAMP-PRISK license is not transferable between owners of businesses.
Q:I pay a supplier for our music/music system/TVs, why do I have to still pay Kamp-Prisk-Mcsk?
A: Yes. As the new owner, you have to ensure that you are complying with all legislation applicable to your business, including the Copyright Act 2001. You should ensure that all the appropriate licenses are in place. The KAMP-PRISK license is not transferable between owners of businesses.
Q: How is using a TV on my premises considered a performance of music?
A: If dance parties are held at your premises, it is your responsibility as the owner of the premises to ensure that the appropriate licenses are in place before the event takes place. Owners of clubs and pubs sometimes pass the cost of the license fee and other fees on to the organizer of the function. If you choose to do so then, that is a matter to be decided between you and the relevant organizer.
Q:How is Kamp-Prisk-Mcsk going to licence all small businesses that play music?
A: If the nightclub is sufficiently licensed for dancing and the number of days per year on which dancing takes place, then any DJ working solely in that club or any other properly licensed club would not require a separate license. If the DJ is either a mobile DJ operator or plays in unlicensed premises, then a separate DJ license is required.